Court File No. CV-17-11846-00CL O NTARIO SUPERIOR COURT OF JUSTICE ( COMMERCIAL LIST) T HE HONOURABLE MR. J USTICE HAINEY • IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED TUESDAY, THE 7th DAY OF MAY 2019 AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT O F SEARS CANADA INC., 9370-2751 QUEBEC INC., 191020 CANADA INC., T HE CUT INC., SEARS CONTACT SERVICES INC., INITIUM LOGISTICS S ERVICES INC., INITIUM COMMERCE LABS INC., INITIUM TRADING AND SOURCING CORP., SEARS FLOOR COVERING CENTRES INC., 173470 CANADA INC., 2497089 ONTARIO INC., 6988741 CANADA INC., 10011711 CANADA INC., 1592580 ONTARIO LIMITED, 955041 ALBERTA LTD., 4201531 CANADA INC., 168886 CANADA INC., AND 3339611 C ANADA INC. Applicants ORDER THESE MOTIONS made by The Gap (Canada) Inc. and Old Navy (Canada) Inc. ( collectively "Gap") and The Children's Place (Canada), LP ("TCP") pursuant to the Companies' C reditors Arrangement Act, R.S.C. 1985, c. c-36, as amended (the "CCAA") for a declaration t hat the stay of proceedings (the "Co -Tenancy Stay") provided in paragraph 15 of the Initial Order o f the Honourable Mr. Justice Hainey dated June 22, 2017, as amended and restated on July 13, 2 017 (the "Initial Order") and as extended by subsequent orders made in this proceeding, is no longer of any force or effect in accordance with its terms as against The Gap and TCP, and other relief, was heard on October 16, 2018 at 330 University Avenue, Toronto, Ontario.
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Court File No. CV-17-11846-00CL
ONTARIOSUPERIOR COURT OF JUSTICE(COMMERCIAL LIST)
THE HONOURABLE MR.
JUSTICE HAINEY
•
IN THE MATTER OF THE COMPANIES' CREDITORSARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED
TUESDAY, THE 7th
DAY OF MAY 2019
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENTOF SEARS CANADA INC., 9370-2751 QUEBEC INC., 191020 CANADA INC.,THE CUT INC., SEARS CONTACT SERVICES INC., INITIUM LOGISTICSSERVICES INC., INITIUM COMMERCE LABS INC., INITIUM TRADINGAND SOURCING CORP., SEARS FLOOR COVERING CENTRES INC.,173470 CANADA INC., 2497089 ONTARIO INC., 6988741 CANADA INC.,10011711 CANADA INC., 1592580 ONTARIO LIMITED, 955041 ALBERTALTD., 4201531 CANADA INC., 168886 CANADA INC., AND 3339611CANADA INC.
Applicants
ORDER
THESE MOTIONS made by The Gap (Canada) Inc. and Old Navy (Canada) Inc.
(collectively "Gap") and The Children's Place (Canada), LP ("TCP") pursuant to the Companies'
Creditors Arrangement Act, R.S.C. 1985, c. c-36, as amended (the "CCAA") for a declaration
that the stay of proceedings (the "Co-Tenancy Stay") provided in paragraph 15 of the Initial Order
of the Honourable Mr. Justice Hainey dated June 22, 2017, as amended and restated on July 13,
2017 (the "Initial Order") and as extended by subsequent orders made in this proceeding, is no
longer of any force or effect in accordance with its terms as against The Gap and TCP, and other
relief, was heard on October 16, 2018 at 330 University Avenue, Toronto, Ontario.
ON READING the Affidavit of Ketul Patel, sworn September 6, 2018, and the exhibits
attached thereto, and the Affidavit of Matthew Irwin, sworn September 7, 2018, and the exhibits
attached thereto, and on hearing the submissions of respective counsel for. The Gap, TCP, the
Applicants, the Monitor, and Bentall Kennedy (Canada) LP, QuadReal Property Group, Primaris